Indefinite Leave to Remain (ILR), referred as settlement, is granted for a person once you have completed a period of residency in the UK. The intention of the immigration application is to complete a continuous residency periods and demonstrate the intention to settle in the UK. Your absences from the UK must be limited.
The Immigration Rules sets out the categories that are allowed to grant you settlement when you have completed a period of 5 years residency in the UK. In some immigration categories, you will need to complete less periods of residency to secure indefinite leave to remain.
Indefinite Leave to Remain (ILR) is the ultimate goal for many people who wish to live and work in the UK. It will only be granted if you have been living in the UK for a specific length of time, which is determined by your previous visa category.
To qualify for this status, you cannot leave the UK for more than a specified number of days or commit any offence within the country. Once you have attained Indefinite Leave to Remain (ILR), you can easily travel to and from the UK with minimal restriction.
Indefinite Leave to Remain (ILR) allows you to also sponsor relatives to join you in the UK. It is considered one of the best routes to UK British nationality if you do not have a direct claim to citizenship through your ancestry.
The process of applying for indefinite leave to remain
The processing times and requirements for indefinite leave to remain (ILR) vary greatly depending on the visa category that you are currently on.
It may also mean you can qualify for indefinite leave to remain by combining your immigration categories. This does not mean, you will always have to complete the 10 years period to qualify for indefinite leave to remain.
The application is applied online, using the Home Office digital platform system, where you can apply for indefinite leave to remain. In most cases, you can apply for indefinite leave 28 days prior to the qualifying period.
The term “indefinite” is used because the status is not permanent. You can lose your indefinite leave to remain (ILR) status if you are absent from the UK for more than two years or if you cease to be a habitual resident in the UK.
How to meet the language requirements and what is required for indefinite leave to remain application
In most immigration categories, you will need to meet certain requirements, and those are published on the immigration policy. For example, if you wanted to settle as a Tier 1 Investor, you will need to meet in addition to the requirements of the policy, Appendix A of the Immigration Rules.
Further to this, you will need to provide evidences to support your application. We turn back to the Tier 1 Investor visa, and in evidence, you will need to provide your financial portfolio report as one of the documents to meet the prescribed immigration rules.
Applicants applying for indefinite leave to remain (ILR) must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom. Applicants who are under the age of 18 or over the age 65 at the time of application are exempt from this requirement.
The conditions on the indefinite leave to remain
The indefinite leave to remain once granted allows you to work freely in the UK, there are no restrictions and you can also claim public funds.
Indefinite leave to remain application refusal
Where your application for indefinite leave to remain is refused, you will usually have a right to appeal against the decision. Your appeal rights would be limited under human rights grounds. The Immigration Act 2014 sets out the following grounds that an appeal can be bought forward:
Human rights or protection claim – those appeal rights are set out on Part 5 of the Nationality, Immigration & Asylum Act 2002.
Refusal to issue a residency permit under European Regulations.
Deprivation of citizenship whereby Section 40A of the British Nationality Act 1981 applies.
You will need to email us a copy of the decision letter to firstname.lastname@example.org, so we can discuss your options if your indefinite leave to remain application is refused.
Taking legal advice on the indefinite leave to remain application
We at ICS Legal will provide guidance and correct advice on the route to settlement.
You can speak to one of our UK Immigration Lawyers on 0207 237 3388 or you can email us at email@example.com if you are considering to apply for indefinite leave to remain.
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